CHRISTOPHER HAUSER STUDY GROUP 🏦

Regulation Does Not Automatically Equal Constitutionality Another important distinction is between the existence of a regulation and the constitutionality of that regulation. Government can establish laws addressing public safety. Some regulatory violations can also constitute criminal offenses. But government cannot establish unlimited authority simply by declaring conduct unlawful. A person accused of an offense remains protected by constitutional due-process guarantees. The government must establish the elements required for conviction under the applicable law. The Constitution remains the higher authority. Article VI, Clause 2—the Supremacy Clause—provides that the Constitution is the supreme law of the land. Therefore, the question cannot simply be: “Did the legislature pass a law?” The constitutional question is: “Does the law remain within constitutional authority?” The Question I Put to Government I am not arguing that government should have no authority. I am arguing that government authority has limits. If government restricts liberty, identify the constitutional authority and the limit of that authority. If government regulates property, identify the authority and the constitutional protections that remain. If government requires identification, identify the authority and the limits on the collection and use of that information. If government imposes a tax or financial obligation, identify the constitutional authority and the applicable limitations. If government makes violation of a regulation criminal, establish the elements of the offense and the constitutional validity of the underlying law. And if the justification is public safety, I recognize that public safety is a legitimate governmental purpose. But the existence of a legitimate purpose does not mean every method of achieving that purpose is automatically constitutional. The Constitution requires both government authority and constitutional limits. So my position can be reduced to one question: Show me the constitutional authority. Not merely the statute. Not merely the regulation. Not merely the government's assertion of power. Show me the constitutional authority, the right affected, the limits on governmental power, and the process required by the Constitution. Because “We the People” means that government exists under the Constitution. Government exercises power. The Constitution defines the boundaries of that power.